Certification In Opposition To Motion Page 5
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7How to File a Response to a Motion
STEPS TO TAKE TO RESPOND TO A MOTION
STEP
1:
COMPLETE
THE
STEP 3: MAIL THE CERTIFICATION IN
CERTIFICATION
IN
OPPOSITION
TO
OPPOSITION TO MOTION TO YOUR
MOTION
AND
CERTIFICATION
OF
ADVERSARY AND ANY OTHER PARTY
SERVICE (FORM A).
TO THE LAWSUIT.
The Certification in Opposition to Motion tells
You must serve your adversary no later than 8
the court the reasons why you object of the
days before the specified return date of the
ruling requested by your adversary and why the
notice of motion (10 days if it is opposition to a
court should deny the request.
Fill in the
motion for summary judgment). While the court
required information.
rules do not require you to send your papers by
You must indicate whether you want to waive
certified mail, it is suggested that you send your
oral argument and let the judge decide the
certification by regular and certified mail, return
motion on the papers or not. If you request oral
receipt requested. You will then have the green
argument you must tell the court why you think
card when it is returned to you as proof of
it is necessary. Note: The judge makes the
service.
decision on whether there should be oral
argument. The judge may request it even if
STEP 4:
MAIL OR DELIVER THE
neither party asked for it.
Similarly, the
CERTIFICATION TO THE COURT.
judge may deny the request for oral
You may deliver your papers to the court in
argument.
The Certification of Service tells
person or you may mail them. The court address
the court the date on which you mailed the
is available on line at
copies of your response to your adversary.
If you mail the papers, we recommend that you
use certified mail, return receipt requested.
STEP 2:
PREPARE YOUR RESPONSE
Mail or deliver to the court the original of the
Certification. If you want the court to return a
FOR MAILING.
Checklist: You will need the following items:
copy marked “filed” to you, include a copy of
___
The original of your Certification in
the certification along with a self-addressed,
Opposition to Motion for filing in court. If you
stamped envelope.
want the court to return a copy stamped “filed,”
you should include a copy and a stamped self-
addressed envelope.
___ One copy of the Certification for each party
to the lawsuit.
Revised 04/2008, CN 10556-English (How to File a Response to a Motion)
Page 4 of 6
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